Title I of the Toxic Substances Control Act (TSCA) sets forth the process through which “new” chemical substances are introduced into commerce, and provides for testing and evaluation of existing chemical substances under certain circumstances. TSCA’s general chemical regulatory framework is criticized by the environmental community for “grandfathering” existing chemical substances without testing, and for requiring that the Environmental Protection Agency clear high hurdles before taking action with respect to existing chemical substances.
Meanwhile, the regulated community has increasingly criticized the current regime for failing to provide comfort to the public that the various chemicals in use have been tested and found safe. While various TSCA reform proposals have been put forth over the years, the core provisions of TSCA Title I are essentially unchanged since its enactment in 1976.
